What is the legal question for us? I don't know what the question is that you are asking. Maybe you could re-write it so that the question is clear so that we can provide you with feedback. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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answered on Sep 9, 2019

Don't do that! First, the will is not effective until the testator dies, not a minute before, and then usually only after a court has probated the will and issued letters testamentary giving the executor the authority to sell and distribute the estate. If anybody has a power of attorney for... View More

Ah, yes - conservatorships can be tricky to navigate without legal counsel!

To answer your question: a potential conservator would have an interest in the minor child's estate if the minor child and the potential conservator BOTH have an interest in the same property.

For... View More

I appreciate that navigating the legal system without the assistance of good legal counsel can be confusing!

To answer your question, typically no - a judge would not forgo a bond even though the minor's conservator may be his or her parent. Unfortunately, the law doesn't really... View More

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answered on Aug 26, 2019

"Probate" is the wrong category. You should repost your question under the Criminal Law category. Most probate attorneys have no clue about criminal law.

I commend you for considering the possibility of the unanticipated and planning to protect your family from that uncertainty.

There are absolutely steps you can take to protect your spouse in the circumstance you have detailed - specifically, you can arrange to take title to the house in... View More

Your grandfather should have consulted an attorney before she put her on the deed. If he did, he should go back to the attorney to consult with him or her.

Once you put a person's name on a deed, you can just simply remove it even if it was inherited. It was nonmarital property until... View More

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answered on Sep 1, 2019

First, let me express my sincere sympathy regarding the loss of your mother. The answer to your question depends on many things and there is not enough information to provide a thorough answer. We would need to know whether your mother had a will, how the property was deeded, how much debt your... View More

I am not certain what you mean by hiring a lawyer to help you determine the fee to the probate court. You should be able to call the court, tell it what you are filing and it will give you the fee for the filing.

TAKE CARE OF THE FTA.... IT NOT ONLY SUSPENDED YOUR LICENSE. YOU GOT A WHOLE WARRANT. You are going to have to pay the FTA or provide a good excuse to get potential fine excused. Take care of the FTA first or be in fear of warrants. I pray this helps.

You should be consulting with his lawyer

You should file a petition for year's support and ask the sons to consent to it. It will transfer to you the half you do not own and cut your property taxes in half for one year.

This question is not as easy to answer you you may hope.

First, it is the general rule that assets must be sold to pay debts. So, on first blush, if his debts are greater than the value of his equity in the house and the other assets he has, it probably makes no sense to open an estate.... View More

You are in a difficult spot. If your brother has assets that need to be retitled in his child's name, the best answer might be to apply for a year's support for the child. If your brother did not own any assets that need to be transferred through probate court, not opening the estate... View More

You can represent yourself or if you want to be represented by an attorney, you must select one who is licensed in Georgia.

This question requires more information. It could be that the mortgage must be paid from the remaining assets upon transfer. It also depends on how title is held currently held to the property. The estate remains liable on the mortgage if you simply transfer the oropteru without resolving the... View More

You have no authority to act in place of your husband unless the court issues Letters to you. The court can't do that if you do not file the will for probate. You might consider filing a petition for year's support to have the house placed in your name. once it is in your name, you can sell it.

I'm not certain about your question. Since you are the executor of your husband's estate, I assume Letters Testamentary were issued to you. You are required to do whatever the will says do. If you are supposed to sell the home, then you simply sell the home. You do not need to be on the... View More

If your husband has a will it is your obligation to file the will with the probate court. However it is not your duty to all for the will for probate. If the car is the only asset your husband has you should be able to go to the county tag office and sign an affidavit that will allow the tag office... View More

You can have the court serve him with the the proper papers and he will be given a time deadline in which to file his answer. If no Answer, then the petition will be granted.